Tesseract Medical Research Terms
Please read the following Terms and Conditions carefully. Tesseract Medical Research (“TMR”) reserves the right to modify these Terms at any time.
Terms of Sale
Tesseract Medical Research reserves the right to revise the pricing of its products at any time.
Products are shipped according to the standard methods of shipping in place at the time.
If a shipment is received in damaged condition, or does not match an order, it should be reported promptly to Customer Service.
Product returns should be pre-approved by Tesseract Medical Research and received within 14 business days of authorization of the return.
Tesseract Medical Research Practitioner Resale Policy
Tesseract Medical Research has established resale guidelines for health care practitioners interested in providing our products directly to their patients.
It is essential that practitioners ensure appropriate communication, medical education, and patient care standards during product resale.
Practitioner and Wholesale Customers (referred to in these terms as “practitioner customers”) who resell TMR products must provide the appropriate Prop 65 notice to patients in California, and practitioner customers assume all liabilities associated with Prop 65 notice requirements.
Practitioner customers must abide by TMR’s Minimum Advertised Price (“MAP”) policy which ensures that no practitioner that resells our products directly to patients is at a disadvantage due to advertised discounting. Resale of Tesseract products on Amazon or any 3rd party site not owned and operated by the practitioner is strictly prohibited, and will result in immediate and permanent account termination. This applies to product sourced directly from Tesseract, as well as to product sourced through other distribution channels officially authorized by Tesseract.
Minimum Advertised Price (MAP) and Resale Policy
Practitioners may resell TMR products if they comply with the TMR MAP and Resale Policy. Resale of Tesseract products on Amazon or any 3rd party site not owned and operated by the practitioner is strictly prohibited, and will result in immediate and permanent account termination.
The Minimum Advertised Price is the price for each product in Tesseract Medical Research’s current Retail Price List.
The Minimum Advertised Price for each product is set exclusively by Tesseract Medical Research.
The MAP and Resale Policy applies to every practitioner customer who makes TMR products available to patients in office or online, including those practitioners who own, operate, or manage clinics and pharmacies.
The MAP and Resale Policy prohibits volume discounting and applies to the advertised price of a Tesseract Medical Research product in any and all media.
Practitioner Customers who resell Tesseract Medical Research products to patients in California must provide a Prop 65 notice with all products provided to those customers. Practitioner Customers assume all liability associated with Prop 65 notice requirements as part of the Tesseract Medical Research Practitioner Resale Policy, and as part of their right to resell TMR products.
Tesseract Medical Research reserves the right to not sell its products to any practitioner or customer who is affiliated with a practice or website that violates the MAP and Resale Policy.
A violation of the MAP and Resale Policy will result in immediate and permanent termination of a practitioner customer’s account.
If a practitioner is not complying with the MAP policy, then TMR will notify the practitioner of the violation and account termination.
Tesseract Medical Research Trademarks / Copyright
The Tesseract Medical Research logo and the names of various products offered by Tesseract Medical Research are trademarks of Tesseract Medical Research, LLC.
A practitioner customer does not have the right to affix any Tesseract Medical Research trademark to any product or other material that is not a TMR nutritional supplement product.
A practitioner customer agrees to use the trademark symbols “TM” or “®” as appropriate, when displaying Tesseract Medical Research’s trademarked names or products, as an attribution of Tesseract Medical Research’s ownership of its trademarks. The use of a Tesseract Medical Research trademark does not give a practitioner customer any ownership right, title, or interest, express or implied, in the trademark.
A customer’s use of Tesseract Medical Research’s trademarks should be accompanied by a statement that substantially states the following: “Tesseract Medical Research trademarks are used with permission.”
A customer must not use any Tesseract Medical Research product name or trademark as part of a URL, primary or secondary level domain name, metatag, key word, or file name.
Except where otherwise indicated, all materials presented on Tesseract Medical Research’s website are the copyrighted property of Tesseract Medical Research, Inc.
Tesseract Medical Research does not make any disease claims.
To protect practitioner customers and Tesseract Medical Research from legal liability due to the regulatory requirements of the U.S. Food and Drug Administration and the U.S. Federal Trade Commission regarding disease claims associated with products, Tesseract Medical Research products cannot be displayed or mentioned within two clicks of any disease claim.
Tesseract Medical Research reserves the right to demand a practitioner customer make changes to its website to the extent a practitioner customer is making statements about Tesseract Medical Research products in any manner that would violate regulations implemented by the U.S. Food and Drug Administration, the U.S. Federal Trade Commission, or the regulations implemented by any other federal or state agency.
Violations of Policy
Tesseract Medical Research has adopted a zero-tolerance approach to this policy. Practitioner customers acknowledge that upon any subsequent breach of any provision of this policy, TMR will terminate the practitioner customer’s account without notice. Additionally, practitioner customers acknowledge and agree that actual damages due to a violation by practitioner customers of any of the policies including but not limited to the MAP and Resale Policy outlined above would be difficult to determine, and therefore Practitioner customer hereby agrees to pay TMR the sum of Ten Thousand Dollars ($10,000) as liquidated damages (the “Liquidated Amount”) for each violation. The Liquidated Amount is not a penalty for breach of this Policy, but instead is an agreed-upon sum determined to adequately compensate Tesseract should practitioner customer violate the Policies herein. If practitioner customer violates the Policies hereof, Tesseract shall be entitled to injunctive relief, actual damages, and collection of the Liquidated Amount from Practitioner Customer, and Practitioner Customer agrees that TMR has the right to charge this amount on Practitioner Customer’s credit card. Practitioner customer acknowledges and agrees that such payment of the Liquidated Amount shall not waive any other restrictions or obligations contained within any other provision of this Agreement. These Terms shall be construed under California law, and any litigation related to these Terms shall be in the Courts of Los Angeles, California.